Compher v. Browning
Illinois Supreme Court
Writ os Error to the Circuit Court of Carroll county; the Hon. James S. Baume, Judge, presiding. This is a bill, filed on July 13, 1901, in the circuit court of Carroll county to set aside the will of Caroline Mark, deceased.
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Writ os Error to the Circuit Court of Carroll county; the Hon. James S. Baume, Judge, presiding. This is a bill, filed on July 13, 1901, in the circuit court of Carroll county to set aside the will of Caroline Mark, deceased. The bill is filed by Mary Compher, a half-sister of the deceased testatrix, and certain other persons, who are her nephews and nieces and grand-nephews and nieces, against Caroline Mark Browning, and others, devisees and legatees under her will, and also against Oscar F. McKenney and Frederick S. Smith, executors of her last will. Some of the complainants are minors,…
1Opinion of the CourtJustice Magruder
First—The first point made by plaintiffs in error in favor of a reversal of the decree below, sustaining the validity of the will of the testatrix, Caroline Mark, deceased, is that the verdict and decree are not sustained by the evidence.
As to the allegation in the bill, that the testatrix, at the time of the execution of her will, was not of sound mind and memory, that allegation is not sustained by the proof. On the contrary, the overwhelming weight of the testimony shows, that, when she made her will, Mrs. Mark was a woman of remarkably strong intellect, and of unusually sound mind and…
2Cases cited20 opinions
- Dickie v. CarterIllinois Supreme Court · 1866
- Roe v. TaylorIllinois Supreme Court · 1867
- Woodman v. Illinois Trust & Savings BankIllinois Supreme Court · 1904
- Gerke v. FancherIllinois Supreme Court · 1895
- Weston v. TeufelIllinois Supreme Court · 1904
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3Cited by26 opinions
- Snowball v. SnowballCalifornia Supreme Court · 1910
- Brown v. Commercial National BankIllinois Supreme Court · 1969
- Ditton v. HartIndiana Supreme Court · 1911
- Barr v. SumnerIndiana Supreme Court · 1915
- Lyons v. City of New AlbanyIndiana Supreme Court · 1913
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